BILL NUMBER: SB 1433 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 30, 2016
INTRODUCED BY Senator Mitchell
FEBRUARY 19, 2016
An act to amend Section 3409 repeal and
add Sections 3409 and 4023.5 of the Penal Code, relating to
inmates. incarcerated person s.
LEGISLATIVE COUNSEL'S DIGEST
SB 1433, as amended, Mitchell. Inmates: family planning
and hygiene. Incarcerated persons: contraceptive
counseling and services.
Existing law requires that any woman inmate
upon her request in state prison, or any female
confined in a local detention facility, as defined, be allowed
to continue to use materials necessary for (1) personal hygiene with
regard to her menstrual cycle and reproductive system and (2) birth
control measures as prescribed by her physician
physician, upon her request . Existing law requires each
and every woman inmate or female confined in a local detention
facility to be furnished with information and education
regarding the availability of family planning services by the
Department of Corrections and Rehabilitation or the county,
respectively . Existing law also requires
family planning services to be offered to each and every woman inmate
or female confined in a local detention facility at least
60 days prior to a scheduled release date, as specified.
Existing law also requires the department or county, respectively, to
furnish any woman inmate or female confined in a local
detention facility with the services of a licensed physician or with
services necessary to meet her family planning needs at the time of
her release, as specified, upon her request.
This bill would make technical, nonsubstantive changes to
these provisions. provide that any person
incarcerated in state prison or confined in a local detention
facility who menstruates shall, upon request, have access to and be
allowed to use materials necessary for personal hygiene with regard
to their menstrual cycle and reproductive system. The bill would
provide that incarcerated or confined persons who are capable of
becoming pregnant shall, upon request, have access to and be allowed
to obtain contraceptive counseling and their choice of
birth control at no cost. The bill would require that all birth
control methods and emergency contraception approved by the United
States Food and Drug Administration (FDA) be made available to
incarcerated or confined persons who are capable of becoming
pregnant, except as provided. The bill would require all
contraceptive counseling and contraceptive services provided to these
persons to be furnished by a licensed health care practitioner with
a clinical background in reproductive health care and to be
nondirective, unbiased, and noncoercive. The bill would require
health care providers furnishing contraceptive service s
to receive specified training. The bill would require the department
or county, respectively, to furnish incarcerated or confined persons
who are capable of becoming pregnant with information and education
regarding the availability of family planning services and their
right to receive nondirective, unbiased, and noncoercive
contraceptive counseling and services. The bill would require
each facility to post this information in conspicuous places, as
specified. The bill would require contraceptive and family planning
services to be offered and made available to all incarcerated or
confined persons capable of becoming pregnant at least 60 days, but
not longer than 90 days, prior to a scheduled release date. By
requiring counties to provide contraception counseling, birth
control, and specified information and education to persons confined
in local detention facilities who menstruate or who are capable of
becoming pregnant, this bill would impose a state-mandated local
program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3409 of the Penal
Code is repealed.
3409. (a) Any woman inmate shall upon her request be allowed to
continue to use materials necessary for (1) personal hygiene with
regard to her menstrual cycle and reproductive system and (2) birth
control measures as prescribed by her physician.
(b) Each and every woman inmate shall be furnished by the
department with information and education regarding the availability
of family planning services.
(c) Family planning services shall be offered to each and every
woman inmate at least 60 days prior to a scheduled release date. Upon
request any woman inmate shall be furnished by the department with
the services of a licensed physician or she shall be furnished by the
department or by any other agency which contracts with the
department with services necessary to meet her family planning needs
at the time of her release.
SEC. 2. Section 3409 is added to the
Penal Code , to read:
3409. (a) Any incarcerated person in state prison who menstruates
shall, upon request, have access and be allowed to use materials
necessary for personal hygiene with regard to their menstrual cycle
and reproductive system. Any incarcerated person who is capable of
becoming pregnant shall, upon request, have access and be allowed to
obtain contraceptive counseling and their choice of birth control at
no cost.
(b) (1) Except as provided in paragraph (2), all birth control
methods and emergency contraception approved by the United States
Food and Drug Administration (FDA) shall be made available to
incarcerated persons who are capable of becoming pregnant, with the
exception of sterilizing procedures prohibited by Section 3440.
(2) If a birth control method or emergency contraception has one
or more FDA-approved therapeutic equivalents, only one version of
that method or emergency contraception shall be required to be made
available unless another version is specifically indicated by a
prescribing provider.
(c) (1) All contraceptive counseling and contraceptive services
provided to incarcerated persons who are capable of becoming pregnant
shall be furnished by a licensed health care provider with a
clinical background in reproductive health care and shall be
nondirective, unbiased, and noncoercive. These services shall be
furnished by the department or by any other agency which contracts
with the department. Except as provided in paragraph (2), health care
providers furnishing contraceptive services shall receive training
in the following areas:
(A) The requirements of this section.
(B) Providing nondirective, unbiased, and noncoercive
contraceptive counseling and services.
(2) Providers who attend an orientation program for the Family
Planning, Access, Care, and Treatment Program shall be deemed to have
met the training requirements described in subparagraph (B).
(d) Any incarcerated person who is capable of becoming pregnant
shall be furnished by the department with information and education
regarding the availability of family planning services and their
right to receive nondirective, unbiased, and noncoercive
contraceptive counseling and services. Each facility shall post this
information in conspicuous places to which all incarcerated persons
who are capable of becoming pregnant have access.
(e) Contraceptive counseling and family planning services shall be
offered and made available to all incarcerated persons who are
capable of becoming pregnant at least 60 days, but not longer than 90
days, prior to a scheduled release date.
(f) Nothing in this section shall be construed to limit an
incarcerated person's access to any method of contraception that is
prescribed or recommended for any medically indicated reason.
SEC. 3. Section 4023.5 of the Penal
Code is repealed.
4023.5. (a) Any female confined in any local detention facility
shall upon her request be allowed to continued to use materials
necessary for (1) personal hygiene with regard to her menstrual cycle
and reproductive system and (2) birth control measures as prescribed
by her physician.
(b) Each and every female confined in any local detention facility
shall be furnished by the county with information and education
regarding the availability of family planning services.
(c) Family planning services shall be offered to each and every
woman inmate at least 60 days prior to a scheduled release date. Upon
request any woman inmate shall be furnished by the county with the
services of a licensed physician or she shall be furnished by the
county or by any other agency which contracts with the county with
services necessary to meet her family planning needs at the time of
her release.
(d) For the purposes of this section, "local detention facility"
means any city, county, or regional facility used for the confinement
of any female prisoner for more than 24 hours.
SEC. 4. Section 4023.5 is added to the
Penal Code , to read:
4023.5. (a) Any person confined in a local detention facility who
menstruates shall, upon request, have access and be allowed to use
materials necessary for personal hygiene with regard to their
menstrual cycle and reproductive system. Any person confined in a
local detention facility who is capable of becoming pregnant shall,
upon request, have access and be allowed to obtain contraceptive
counseling and their choice of birth control at no cost.
(b) (1) Except as provided in paragraph (2), all birth control
methods and emergency contraception approved by the United States
Food and Drug Administration (FDA) shall be made available to persons
confined in a local detention facility who are capable of becoming
pregnant, with the exception of sterilizing procedures prohibited by
Section 3440.
(2) If a birth control method or emergency contraception has one
or more FDA-approved therapeutic equivalents, only one version of
that method or emergency contraception shall be required to be made
available unless another version is specifically indicated by a
prescribing provider.
(c) (1) All contraceptive counseling and provision of
contraceptive services to persons confined in a local detention
facility who are capable of becoming pregnant shall be furnished by a
licensed health care provider with a clinical background in
reproductive health care and shall be nondirective, unbiased, and
noncoercive. These services shall be furnished by the county or by
any other agency which contracts with the county. Except as provided
in paragraph (2), health care providers furnishing contraceptive
services shall receive training in the following areas:
(A) The requirements of this section.
(B) Providing nondirective, unbiased, and noncoercive
contraceptive counseling and services.
(2) Providers who attend an orientation program for the Family
Planning, Access, Care, and Treatment Program shall be deemed to have
met the training requirements described in subparagraph (B).
(d) Any person confined in a local detention facility who is
capable of becoming pregnant shall be furnished by the county with
information and education regarding the availability of family
planning services and their right to receive nondirective, unbiased,
and noncoercive contraceptive counseling and services. Each facility
shall post this information in conspicuous places to which all
persons confined in a local detention facility who are capable of
becoming pregnant have access.
(e) Contraceptive counseling and family planning services shall be
offered and made available to all persons confined in a local
detention facility who are capable of becoming pregnant at least 60
days, but not longer than 90 days, prior to a scheduled release date.
(f) Nothing in this section shall be construed to limit the access
of a person who is confined in a local detention facility to any
method of contraception that is prescribed or recommended for any
medically indicated reason.
(g) For purposes of this section, "local detention facility" means
any city, county, or regional facility used for the confinement of a
person for more than 24 hours.
SEC. 5. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.
SECTION 1. Section 3409 of the Penal Code is
amended to read:
3409. (a) A woman inmate shall, upon her request, be allowed to
continue to use materials necessary for (1) personal hygiene with
regard to her menstrual cycle and reproductive system and (2) birth
control measures as prescribed by her physician.
(b) The department shall furnish a woman inmate with information
and education regarding the availability of family planning services.
(c) The department shall furnish a woman inmate with family
planning services at least 60 days prior to her scheduled release
date. Upon request, the department or any other agency that contracts
with the department shall furnish her with the services of a
licensed physician or with services necessary to meet her family
planning needs at the time of her release.